Terms and Conditions

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Terms and Conditions

Terms and Conditions

Please read these terms and conditions (“terms”, “terms and conditions”) carefully before using Book Gemz.com website (the “service”) operated by Book Gemz (“us”, ‘we”, “our”).

Conditions of Use

We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

We reserve the right to edit, amend, or modify these terms and conditions at any time, at our sole discretion, and without notice.   It is your responsibility to periodically check the website for updates.

Your continued use of the website after we post any changes to our terms and conditions constitutes your acceptance of those changes or modifications.  DO NOT ACCESS THIS WEBSITE IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS.

Privacy Policy & Disclaimer

Before you continue using our website we advise you to read our privacy policy regarding our user data collection and the disclaimer. It will help you better understand our practices.  We expressly incorporate both of these policies into these Terms and Conditions.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Book Gemz and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Book Gemz, with copyright authorship for this compilation.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to anything on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting blog entries and/or notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services.   By visiting this website, you agree that the laws of the Washington State and the United States of America, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between us and you, or our business partners and associates.

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of our choosing and at our sole discretion and you consent to exclusive jurisdiction and venue of such courts.

You agree to resolve any disputes or claims first through mandatory arbitration in the state of our choice.  You agree to bear the full cost of the arbitration as permitted by law.  Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available.  Again, you expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products and services.  We reserve the right to recover reasonable attorney’s fees and other costs associated with any arbitration, legal action brought, or to defend against such claims, regardless of the prevailing party.

Comments, Reviews, and Emails

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of any Content or information that you provide to us.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant us non-exclusive, royalty-free, and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access

We grant you a limited license to access and make personal use of this website. You are not allowed to download, modify, or attempt to gain unauthorized access to any portion or feature of it. You agree not to cause disruption to the website.  You agree to use the website for lawful purposes only and shall be liable for damages resulting from a violation of any provision contained in these Terms and Conditions.

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content, and cancel orders in their sole discretion.

No Warranty

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limits of Liability

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services, and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

Hold Harmless

You agree to indemnify and hold us and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

Entire Agreement & Severability

These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

 If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent. 

DO NOT ACCESS THIS WEBSITE IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS.